Also known as: fee tails · entail
Written by attorneys · grounded in primary & secondary sources — see below
An estate in land limited to the grantee and the heirs of the grantee's body. The estate passes only to lineal descendants of the original grantee and ends when the current holder dies without surviving issue.
Freya Freeman conveyed Blackacre to her son Fernando Farrell for life with further language directing the land to Fernando's issue upon his death. The conveyance satisfied the requirements for creating a fee tail in Fernando's lineal descendants. Fernando took possession as tenant in tail.
Fatou Fall received a conveyance of Greenacre in a jurisdiction where the Statute De Donis remained in force without modification. The deed used classic fee tail language. Fatou held an estate in fee tail under the statute's operation.
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Fumiko Fujimoto held Whiteacre in fee tail and executed an inter vivos conveyance that met the state's required formalities for disentailing. The conveyance transferred a fee simple interest to the buyer. Fumiko exercised the power to alienate fully.
Frederick Ferguson held Brownacre in fee tail and conveyed a life estate to a purchaser without using disentailing formalities. Upon Frederick's death without issue the grantee's interest ended. The persons next entitled under the original limitation took possession.
Felicia Fuentes held Redacre in fee tail and devised it by will to a friend. The devise had no effect because a tenant in tail lacks power to devise the land. Upon Felicia's death the land passed according to the fee tail limitation.
Fernando Farrell died holding Blueacre in fee tail and survived by his spouse. The spouse claimed dower in the land. The dower interest attached but remained subordinate to any remainder limited on the fee tail estate.
A fee tail arises when a conveyance limits an estate for life to a grantee and adds language directing the land to the grantee's issue upon the grantee's death. The limitation must identify a class of lineal descendants who take successively.
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A tenant in tail may convey any interest that a fee simple owner could convey provided the conveyance meets the state's formal requirements for a disentailing deed. Without those formalities an inter vivos transfer creates only a defeasible interest that ends at the tenant's death.
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No. A person holding an estate in fee tail has no power to devise any interest in the land. The estate passes only according to the original limitation to lineal descendants or reverts upon failure of issue.
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The surviving spouse receives dower or curtesy as if the deceased had held fee simple absolute. That spousal interest remains subordinate to any remainder limited on the fee tail and to the grantor's reversion.
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…the function involved and the fiscal and administrative burdens that the additional or substitute procedural requirement would entail. Id. , at 335. Applying these factors to the present case, we conclude that the procedures established by the Secretary satisfy due process. The private interest that will be affected by…